Federal Amicus

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City of Pomona v. SQM North America Corp.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 12, 2022

U.S. Chamber files coalition amicus brief urging Ninth Circuit to dismiss design-defect claim and reaffirm that such claims require expert proof of a specific defect, not merely that a product caused injury.  The U.S. Chamber previously filed two amicus briefs in this case.

Chevron U.S.A. Inc. v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 12, 2022

D.C. Circuit dismisses Chevron’s petition for review for lack of venue.  The court did not reach the questions briefed by the Chamber concerning the availability of judicial review and the merits.

Chevron U.S.A. Inc. v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 12, 2022

D.C. Circuit dismisses Chevron’s petition for review for lack of venue.  The court did not reach the questions briefed by the Chamber concerning the availability of judicial review and the merits.

Carson v. Monsanto Co.

U.S. Court of Appeals for the Eleventh Circuit
Pending
August 9, 2022

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to rehear case en banc because the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law.  The Chamber previously filed an amicus brief in this case.

Carson v. Monsanto Co.

U.S. Court of Appeals for the Eleventh Circuit
Pending
August 9, 2022

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to rehear case en banc because the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law.  The Chamber previously filed an amicus brief in this case.

Carson v. Monsanto Co.

U.S. Court of Appeals for the Eleventh Circuit
Pending
August 9, 2022

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to rehear case en banc because the Federal Insecticide, Fungicide, and Rodenticide Act creates a comprehensive regulatory scheme that preempts conflicting state law.  The Chamber previously filed an amicus brief in this case.

Milgram v. Chase Bank USA, N.A.

U.S. Court of Appeals for the Eleventh Circuit
Pending
August 9, 2022

U.S. Chamber files coalition amicus brief urging Eleventh Circuit to reject the CFPB’s attempt to expand the Fair Credit Reporting Act’s obligations and require credit reporting agencies and furnishers to adjudicate legal disputes.

Caremark LLC v. Chickasaw Nation

U.S. Court of Appeals for the Ninth Circuit
Decided
August 9, 2022

Ninth Circuit enforces arbitration delegation clause in case involving claims by the Chickasaw Nation under the Recovery Act. The U.S. Chamber filed an amicus brief supporting this result.

Caremark LLC v. Chickasaw Nation

U.S. Court of Appeals for the Ninth Circuit
Decided
August 9, 2022

Ninth Circuit enforces arbitration delegation clause in case involving claims by the Chickasaw Nation under the Recovery Act. The U.S. Chamber filed an amicus brief supporting this result.

Cross Refined Coal, LLC v. Commissioner of Internal Revenue

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 5, 2022

D.C. Circuit holds that partnerships formed to conduct activity made profitable by tax credits engage in legitimate business activity for tax purposes.  The U.S. Chamber filed a coalition amicus brief supporting this result, noting that Congress uses business tax credits to encourage many activities that are not profitable on a pre-tax basis. 

Cross Refined Coal, LLC v. Commissioner of Internal Revenue

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 5, 2022

D.C. Circuit holds that partnerships formed to conduct activity made profitable by tax credits engage in legitimate business activity for tax purposes.  The U.S. Chamber filed a coalition amicus brief supporting this result, noting that Congress uses business tax credits to encourage many activities that are not profitable on a pre-tax basis. 

FERC v. Vitol, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 5, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to hold the five-year statute of limitations provided by 28 U.S.C. § 2462 does not give the agency (1) five years to issue an initial administrative assessment of a penalty without a hearing, (2) an indeterminate period in which to perform an investigation, and (3) a second five-year period in which to file a complaint in federal court. 

Sessa v. TransUnion LLC

U.S. Court of Appeals for the Second Circuit
Pending
August 4, 2022

U.S. Chamber files coalition amicus brief urging Second Circuit to reject the CFPB’s attempt to expand the Fair Credit Reporting Act’s obligations and require credit reporting agencies and furnishers to adjudicate legal disputes.

California State Water Resources Control Board v. FERC

U.S. Court of Appeals for the Ninth Circuit
Decided
August 4, 2022

Ninth Circuit vacates Federal Energy Regulatory Commission orders concluding that California agency had waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities.  The court holds that substantial evidence did not support FERC’s findings that the state agency had coordinated with project applicants to circumvent the Act’s one-year deadline for state action under section 401.  The U.S. Chamber filed an amicus brief opposing this outcome. 

California State Water Resources Control Board v. FERC

U.S. Court of Appeals for the Ninth Circuit
Decided
August 4, 2022

Ninth Circuit vacates Federal Energy Regulatory Commission orders concluding that California agency had waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities.  The court holds that substantial evidence did not support FERC’s findings that the state agency had coordinated with project applicants to circumvent the Act’s one-year deadline for state action under section 401.  The U.S. Chamber filed an amicus brief opposing this outcome. 

Miller v. Amazon.com, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
August 3, 2022

U.S. Chamber files amicus brief urging Ninth Circuit to revisit its earlier decision in Amazon v. Rittmann and hold that local drivers delivering goods that once traveled in interstate commerce do not fall within the transportation worker exemption to the Federal Arbitration Act.

Calcutt v. Federal Deposit Insurance Corp.

U.S. Court of Appeals for the Sixth Circuit
Pending
August 2, 2022

U.S. Chamber files amicus brief urging Sixth Circuit to grant rehearing and hold that the Chenery doctrine binds agencies to the reasons given in their decisions and that vacatur is an appropriate remedy for a decision issued by an improperly appointed FDIC administrative law judge.

Calcutt v. Federal Deposit Insurance Corp.

U.S. Court of Appeals for the Sixth Circuit
Pending
August 2, 2022

U.S. Chamber files amicus brief urging Sixth Circuit to grant rehearing and hold that the Chenery doctrine binds agencies to the reasons given in their decisions and that vacatur is an appropriate remedy for a decision issued by an improperly appointed FDIC administrative law judge.

Calcutt v. Federal Deposit Insurance Corp.

U.S. Court of Appeals for the Sixth Circuit
Pending
August 2, 2022

U.S. Chamber files amicus brief urging Sixth Circuit to grant rehearing and hold that the Chenery doctrine binds agencies to the reasons given in their decisions and that vacatur is an appropriate remedy for a decision issued by an improperly appointed FDIC administrative law judge.

Plan Benefit Services, Inc. v. Chavez

U.S. Court of Appeals for the Fifth Circuit
Pending
August 2, 2022

U.S. Chamber files amicus brief urging Fifth Circuit to reverse order certifying a multi-plan ERISA class action.  The U.S. Chamber previously filed two successful amicus briefs in this case, obtaining reversal of an earlier class certification order and supporting interlocutory review of this class certification order. 

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